Patna High Court
Pradeep Kumar Chaudhary @ Pradeep KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- R P MISHRA
Holding
The bail petition was dismissed as there was no fresh ground to consider it, and the trial was directed to be expedited.
Summary
The petitioner, Pradeep Kumar Chaudhary, sought bail in a case under Sections 8, 17(C) and 18(C) of the Narcotic Drugs and Psychotropic Substances Act, alleging prolonged judicial custody since July 2024. The High Court had earlier rejected regular bail, directing the lower court to expedite the trial because contraband exceeding commercial quantity had been recovered. A progress report showed only two of six witnesses examined, but the prosecution indicated the trial could be completed within six months if it cooperated. The petitioner argued he was being detained without cause, while the State opposed bail. The Court found no fresh ground to revisit the bail issue and again denied bail, ordering the trial to be concluded within five months, with a provision to renew the bail application if the deadline is missed.
Issues considered
- Whether bail can be granted to the accused under the NDPS Act given the recovery of contraband beyond commercial quantity and the stage of trial.
- Whether any fresh ground exists to reconsider the previously rejected bail petition.
Legislation cited
- Narcotic Drugs and Psychotropic Substances Act — s. 17(C), 18(C), 8
Subjects
- bail
- NDPS Act
- contraband
- judicial custody
- trial expeditious
- Sections 8
- Section 17(C)
- Section 18(C)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21709 of 2026
Arising Out of PS. Case No.-207 Year-2024 Thana- AMAS District- Gaya
======================================================
Pradeep Kumar Chaudhary @ Pradeep Kumar S/o Mr. Jeha Ram R/o Village-
Khariya Khurd, PS- Rageshwari Gas Terminal Nagar, Dist.- Barmer,
Rajasthan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Harsh Vardhan, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 15-05-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Amas P.S.
Case No. 207 of 2024, instituted for the offences under Sections
8, 17(C) and 18(C) of the N.D.P.S. Act.
3. Earlier, vide order dated 17.09.2025 passed in Cr.
Misc. No. 65862 of 2025, regular bail of the petitioner was
rejected by this Court considering the recovery of contraband
beyond commercial quantity with direction to the learned Court
below to expedite the trial and conclude the same expeditiously.
4. In compliance of the order dated 03.04.2026, a report
dated 24.04.2026 with regard to the present stage of trial has
been received. From perusal of the aforesaid report, it appears
that out of six witnesses, two witnesses have been examined. It
Patna High Court CR. MISC. No.21709 of 2026(3) dt.15-05-2026
2/2
is further reported that if the prosecution co-operates, the trial of
the case would be completed within six months.
5. Learned counsel for the petitioner submits that the
petitioner is languishing in judicial custody since 09.07.2024
without any rhymes or reason.
6. Learned APP for the State opposes the prayer for
grant of bail.
7. There is no fresh ground to consider the bail petition
of the petitioner.
8. In view of the above, the prayer for bail of the
petitioner is again rejected with a direction to the court below to
expedite the trial and conclude the same expeditiously
preferably within a period of five months from today. If the trial
is not concluded within the period of five months, as stated
above, the petitioner will be at liberty to renew his prayer before
the court below.
(Rudra Prakash Mishra, J)
manish/-
U T
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